Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Albania (Ratification: 1998)

The Committee notes the communication of the Confederation of Trade Unions of Albania dated 30 September 2004. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that, according to information available at the Office, the Government has undertaken several programmes in cooperation with ILO/IPEC. These include: "Initiating action on the prevention and elimination of child labour in Albania", implemented by the Children’s Human Rights Centre in Albania; "Enhancing the capacity of the Albanian trade unions in combating child labour", implemented by the Confederation of Albanian Trade Unions for Education; "Enhancing the capacity of the employers’ organizations in combating child labour in Albania", implemented by the Council of Employers, Albania; and "National report and programme framework on the elimination of child labour", implemented by the Ministry of Labour and Social Affairs.

The Committee further notes the Government’s indication that the Ministry of Labour and Social Affairs, together with ILO/IPEC, have established a two-phase project with the long-term objective of eliminating child labour in Albania. The first phase of the project includes the implementation of a programme that shall focus on: establishing a database covering both the formal and informal economic sector in order to fill the information gap on child labour; improving national legislation for the purpose of harmonizing it with international standards; and establishing a constructive dialogue between the Government and the organizations of employers and workers. The Committee further notes that policies to be pursued during the second phase of the project include: targeting more accurately the children that would benefit from the project; cooperation with the Ministry of Education in the area of reducing the number of children dropping out of school; putting into effect a nine-year compulsory schooling; and conducting an intensive media campaign on child labour in order to make people aware of the problem and to alter any wrong perceptions that people might have of child labour. The Committee also observes from the information provided by the Government that the National Steering Committee, established under the said project, will continue to lead the political process on the elimination of child labour and take the required steps to assure the efficient implementation of programmes in the field. The Committee takes due note of this information and requests the Government to provide information in its next report on the results attained by the abovementioned programmes with regard to the abolition of child labour.

Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted that section 3(1) of the Labour Code is applicable to an employment contract which is defined as an agreement regulating the work relations between employers and employees. The Labour Code therefore appears to exclude self-employment from its scope of application. The Committee notes that the Government has not communicated any information on this point and therefore reminds the Government that the Convention applies not only to work under an employment contract, but to all types of work or employment regardless of the existence of a contractual relationship. The Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 3, paragraph 3. Authorization to work from the age of 16 years. The Committee had previously noted that section 100(2) of the Labour Code provides that young persons from 16 years of age may be employed in difficult or hazardous work, under conditions determined by decree, which will limit the working hours and may regulate the working conditions. Regarding working hours, the Committee had noted that section 78(3) of the Labour Code provides that employees under the age of 18 years may only work up to six hours a day. It had also noted that, according to section 5 of Decree No. 384 of 20 May 1996 on the Protection of Minors at Work, working hours in case of difficult or hazardous work are limited to a maximum of eight hours a day. The Committee had noted the inconsistency between these two provisions. The Committee notes, however, that the Government has not provided any information on this point. It therefore recalls that, under the terms of Article 3, paragraph 3, of the Convention, the exception to the prohibition of employment of young persons in hazardous work can be authorized only from the age of 16 years on condition that their health, safety and morals are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee once again asks the Government to indicate in its next report the measures taken or envisaged to ensure that young persons between 16 and 18 years of age performing hazardous work receive adequate specific instruction or vocational training in the relevant branch of activity, as required by Article 3, paragraph 3, of the Convention, and to specify if the organizations of employers and workers have been consulted on the matter.

According to information communicated by the Confederation of Trade Unions of Albania, dated 30 September 2004, young persons under the minimum age are widely employed to do heavy and hazardous work. The Committee requests the Government to provide further information on this point.

Article 6. Vocational training. The Committee had previously noted that, in accordance with section 98(2) of the Labour Code, young persons under the age of 14 years engaged in vocational training activities or orientation are subject to rules defined by decree. It had further noted the statement made by the Government, that in vocational schools, practical work is part of the educational training programme. The Committee had also noted that, according to section 3 of Decree No. 384, as amended by Decree No. 205, minors who are under 14 years of age may be engaged in the vocational training system under authorization of the State Labour Inspectorate. The Committee notes the Government’s indication that, according to section 5(c) of Act No. 8872 dated 29 March 2002, persons under 18 years of age may be subject to vocational training. The Committee recalls that Article 6 of the Convention allows work done by persons in undertakings (or enterprises) for vocational training only from the age of 14 years. It accordingly asks the Government to indicate the measures taken or envisaged to limit vocational training in enterprises to children who have reached 14 years of age. The Committee further asks the Government to supply a copy of Decree No. 394 dated 23 April 2004 on Tariffs of Occupational Training Systems.

Article 7, paragraph 3. Determination of types of light work. Referring to its previous comments, the Committee had noted that section 99(2) of the Labour Code provides that light work will be determined by a decree, which will also determine the maximum working hours and may regulate working conditions. The Committee once again requests the Government to provide information about any decree to implement section 99(2) of the Labour Code, which would determine light-work activities and the conditions in which such employment or work may be undertaken by young persons from 14 years and above.

Article 8. Artistic performances. The Committee had previously noted that section 102 of the Labour Code authorizes the participation of young persons in artistic performances. It had also noted that section 6 of Decree No. 384 of 20 May 1996 on the Protection of Minors at Work stipulates that the employment of a young person under 18 years to participate in activities of a cultural or artistic nature in sports or advertising is subordinate to previous authorization by the labour inspectorate. The request for such authorization must include a number of data such as a description of the work and the working schedule. The Committee notes the Government’s indication that, according to section 102(2) of the Labour Code, the individual authorizations specify the maximum duration of work and working conditions for juveniles carrying out social and cultural activities. The Committee takes due note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on this point. It therefore once again asks the Government to provide information on the manner in which the Convention is applied in practice including, if possible, statistical data on the number of children engaged in any form of employment or work by age group and the occupations or types of work involved, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.